Official Giveaway Rules (“Rules”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
Eligibility: The giveaway is open to legal residents of the United States, who are eighteen (18) years of age or older. Employees of Sponsor and their family members are prohibited from entering. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Internet access, a valid Instagram or Facebook account and a valid email address are required.
Sponsor: The giveaway is sponsored by Michael C. Fina, 33-01 Hunters Point Avenue, Long Island City, NY 1110 (“Sponsor”).
Agreement to Official Rules: By participating in this giveaway (the “Giveaway”), entrants agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Sponsor.
Giveaway Period: The giveaway begins on Monday August 15, 2016 at 5:00 pm EST and ends on Friday, September 16, 2016 at 11:59 pm EST (“Giveaway Period”). Entries received before or after the Giveaway Period are void. Sponsor’s computer is the official time-keeping device for the Giveaway.
How to Enter: First, during the Giveaway Period take an original photograph of summer entertaining featuring tableware. Then, you may enter using one of the following methods: (a) using your Instagram or Facebook app and account, post your photograph to Instagram or Facebook along with the hashtag #MICHAELCFINA (be sure to set the “Photos Are Private” option in your Instagram account settings to “OFF”); or (b) enter via Facebook by visiting Sponsor’s facebook page at www.Facebook.com/mcfina and posting your photograph with the hashtag #MICHAELCFINA. You must have an Instagram or Facebook (“Social Media”) account in order to enter via methods (a) or (b) above.
Each uploaded photograph will be counted as one (1) “Entry” and is subject to the requirements described in these Rules.
Once submitted, an Entry cannot be deleted, canceled or modified. Limit 1 entry per person, during the Entry Period. Each entry must include a unique original photograph. You may register and submit an entry using only one name, one email address, and one Instagram and Facebook account.
All Entries must be complete and received before the end of the Giveaway Period to be eligible for the prize drawing. Entrants may not post duplicate Entries. All duplicate Entries will be void. Anyone found to use multiple accounts to enter will be ineligible. Use of computer programs and/or other automated devices to enter the Giveaway is prohibited. Normal Internet access and device usage charges imposed by your on-line service may apply. Entry photos must not be defamatory, pornographic, obscene or objectionable as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify any non-conforming entries.
Sponsor assumes no responsibility for computer system,
hardware, software or program malfunctions or other errors, failures, delayed
computer transactions or network connections that are human or technical in
nature, or for damaged, lost, late, illegible or misdirected entries;
technical, hardware, software, electronic or telephone failures of any kind;
lost or unavailable network connections; fraudulent, incomplete, garbled or
delayed computer transmissions whether caused by Sponsor, the users, or by any
of the equipment or programming associated with or utilized in this giveaway;
or by any technical or human error that may occur in the processing of
submissions or downloading, that may limit, delay or prevent an entrant’s
ability to participate in the Giveaway.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Giveaway and award a prize from Entries received up to the time of termination or suspension should virus, bugs or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the giveaway or proper submission of Entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Giveaway.
Use of Entries by Sponsor: Sponsor has no obligation to post or display any submitted photograph or Entry.
Selection of Winner: The Prize Winner will be determined through a random drawing.
Notification of Potential Prize Winner: The Prize Winner will be notified by email or instant message to their Instagram or Facebook account within 7 days of the selection date. If the Prize Winner does not acknowledge acceptance of the Prize within 10 business days after being notified that he or she is the Prize Winner, another Prize Winner will be chosen using the same procedure specified above. The Prize shall be delivered to the Prize Winner at the mailing provided by the Prize Winner.
Requirements of Prize Winner: Sponsor may require the Prize Winner to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to award of the Prize. If the Prize Winner fails to sign and return the requested documents to Sponsor, that Prize Winner may be disqualified, and the Prize will thereafter be awarded to an alternate Prize Winner from the remaining valid entries using the procedure specified above.
Prize: The Prize Winner will receive a Two Tier Pastry Tray (http://www.michaelcfina.com/michael-c-fina-home-decor-two-tier-pastry-tray-19790132.html). The estimated retail value of the Prize is $250 USD. Taxes, if any, are the sole responsibility of the Prize Winner. Sponsor makes no warranties or disclaimers concerning the Prize beyond those customarily given by the manufacturer of the Prize. Sponsor reserves the right to substitute a different Prize of approximately equivalent value in its sole discretion.
RELEASE AND PUBLICITY: ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM, FACEBOOK AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE GIVEAWAY. ENTRANTS AGREE THAT NEITHER SPONSOR NOR INSTAGRAM NOR FACEBOOK ARE LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THIS GIVEAWAY AND ACCEPTANCE, POSSESSION AND USE OF ANY PRIZE. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE GIVEAWAY OR IN THE ANNOUNCEMENT OF THE PRIZE. By receipt of the Prize and by signing an affidavit of eligibility and liability/publicity release, if requested, each Winner consents to the use of his or her name, and address by Sponsor for advertising and promotional purposes, without any additional compensation, except where prohibited. No entries will be returned. All entries become the property of Sponsor.
DISPUTES: EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, TO TAKE PLACE IN NEW YORK, NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE GIVEAWAY, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK.
INSTAGRAM & FACEBOOK: YOU ACKNOWLEDGE THAT THE GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, EITHER INSTAGRAM OR FACEBOOK. ANY INFORMATION YOU PROVIDE IS TO SPONSOR AND NOT TO INSTAGRAM OR FACEBOOK.
Giveaway Results and Official Rules: To obtain the identity of the Prize Winner and/or a copy of these Official Rules, send an email to firstname.lastname@example.org or send a self-addressed stamped envelope to Michael C. Fina, Inc. (Attention: Marketing ), 33-01 Hunters Point Avenue, Long Island City, NY 11101.